The U.S. Supreme Court recently issued an important decision on statutes of limitations in class actions. As it has done several times this term, its decision in China Agritech resolves a relatively narrow issue in a...more
6/13/2018
/ Appeals ,
China Agritech Inc v Resh ,
Class Action ,
Class Certification ,
Class Members ,
Equitable Tolling ,
FRCP 23 ,
Putative Class Actions ,
Reversal ,
SCOTUS ,
Securities Fraud ,
Statute of Limitations ,
Subsequent Litigation
President Donald Trump effectively stopped the Consumer Financial Protection Bureau’s (CFPB) so-called “arbitration rule,” signing legislation repealing the rule on Nov. 1. The rule would have prohibited providers of certain...more
11/28/2017
/ Arbitration ,
Arbitration Agreements ,
Banking Sector ,
Class Action ,
Class Action Arbitration Waivers ,
Congressional Review Act ,
Consumer Contracts ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Dodd-Frank ,
Financial Services Industry ,
Popular ,
Trump Administration
A pair of recent opinions proves that when it comes to compelling arbitration in a consumer class action, presentation of the arbitration clause may matter more than favorable Supreme Court precedent. First, in Norcia v....more
3/28/2017
/ Appeals ,
Arbitration ,
Class Action ,
Corporate Counsel ,
Mandatory Arbitration Clauses ,
Misrepresentation ,
Mobile Devices ,
Motion to Compel ,
On-Demand Services ,
Samsung ,
Sharing Economy ,
Smartphones ,
TCPA ,
Telecommunications ,
Text Messages ,
Uber ,
Warranties
On May 16, 2016, the United States Supreme Court released its long-awaited opinion in Spokeo, Inc. v. Robins. In a 6–2 decision, the Court remanded the case to the Ninth Circuit for further analysis of the plaintiff's...more
When the Consumer Finance Protection Bureau (CFPB) released its study on the use of pre-dispute arbitration (PDA) clauses earlier this year, many expected the CFPB to propose a ban on all PDAs in contracts for consumer...more
10/20/2015
/ Arbitration Agreements ,
Automotive Loans ,
Bank Accounts ,
Class Action ,
Compliance ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Cards ,
Financial Institutions ,
Money Transfer ,
Payday Loans ,
PDA ,
Pre-Dispute Arbitration ,
Prepaid Payment Products ,
Public Disclosure